DANVILLE INTELLIGENCER
VOL. LXXVI.
imVE YEARS IN
PENITENTIARY
David Barrett, who pleaded guilt;
to the oharge of assault and battely
with intent to rob and assault nod
battery with intent to kill in connec
tion with the daring hold-up at the
hotel of W. H. N. Walker on the night
of July 3rd, was Tuesday afternoon
sentenced by Jndge Staples to twelve
years, imprisonment in the Eai-tern
Penitentiary.
It was evidently more than lie ex
pected. During oourt his dememior
has not been that of one who felt the
least tonali of remorse or realized to
any extent the position lie was in.
Even his aged mother, in her deep
grief an object of pity to everyone
else, seemed to aSeoc him little, if at
all.
About 4 o'clock yesterday afternoon
Barrett was called before the bar. Be
fore passing sentence Judge Staples fnl
ly explained the situation and if Bar
rett was in the least discerning from
he very first he mast have noticed
from the Judge's manner and iiis toue
that there was very little hope for
clemency.
The Cocrt reminded him of the
grave nature of his offense and how
near it came to being murder. Allud
ing to the faot that he had been guilty
of a similar offense before and had
been sentenced to a long term of im
prisonment, Jndge Stapleß frankly tnld
Inm that he wan nnable to understand
his composition that past experience
■hoold avail so little and that lie should
turn right around and resume a career
of orime. He alluded to the fact that
tiTid friends believing that lie had
been punished sufficiently and hoping
that he woold begin a new life had
interceded in his behalf and secured
his pardon when a little over foot
years had been served in the peniten
tiary.
In the light of what had occurred
Judge Staples told him it was clear
that imprisonment wonld not work
hia reform. It was necessary, how
ever,that he slionld be Imprisoned,for
•o long as he was at la e the com
munity was in danger. Inasmuoh as
this was the second oonviotion under
the law the Court oould double the
maximum sentenoe. The sentence of
the Ooort was:
That David Barrett pay the coat* of
prosecntioq.a flue of ten dollars to the
Commonwealth for the nfce of Montour
county and undergo imprisonment in
separate and solitary confinement at
labor in the Eastern Penitentiary at
Philadelphia for a period of twelve
years dating from yesterday. In con
clusion the Court told Barrett lie could
jpst as easily have given him twunty
years.
As the sentence of twelve \ears wax
pronounced aud he fully lealized what
all it implied Barrett fairly stagger
ed. For the L! rat time he seemed to be
visibly affected. Pale an a ghost he
made his way up to the bar and plead
ingly aßxed some question r< latiug to
the time spent in jail. Vorv sternly
the Jndge implied but the information
obtained cvidoiiily alfor.leil him little
consolation.
Divorce Congress.
Governor Pennypacker bus mailed to
every Governor in the country a letter
announcing that the time for the meet
Ing of the Natioiinl Divorre Congress
has been se> in February 19th, 190(1, at
the New Willard Hotel. Waahiugton,
D. O.
The oongieo is the result of an act
passed by the Legislature last winter
which authorizes the Governor to take
the necessary steps toward such con
gress. The work of the assemblage
will draw every State in the oountry,
making the matter of divotce identic
al all over the United States.
In bis letter Governor Pennypacker
refers to his former letter of July 24
last. In which he asked for the ap
pointment of the necessary delegates
Replies have been received from
thirty-four governors, all promising
heatty support. Uany of these have
already appoiuti d the delegates and
the others will do so.
Governor Pennypacker is himself a
member of the Pennsylvania delega
tion by authority of the act aud he
has further appointed three citizens,
"learned in the law," under the same
aot. They are C. Laßuu Muunoti, of
Willlamaport.and Walter George Smith
and William H. Staake, of Philadel
phia.
Qarfleld Literary Society.
The following program was render
ed at the meeting of ilie Garfield Lit
erary soci-ty held F.iilay afternoon:
Coruet soli, Mr. Latimere.
Reading, a snlecrinn from "Peck's
Bad Boy," .Vli«-i New'm r.
Recitation, "A Du y Hoy," Miss
Bonner.
Declamation," Home Life a Nation's
Welfare," Mr. Morri".
Piano solo, Miss Dura Jenkin".
Diibate. " lleioived, That Football is
a Brutal Ginix and Oog'it to be I'ro
bibitod from sjliO'ds aud Colleges,"
affirmative, Mr. Oam| b'11; negative.
Mr. Lambersou; Miss Lydia Woods
and Mr. Jobhorn. judges, decided un
animously in favor of the alliriua
tivea.
Song, aoliool.
Reading," A School Roy on Corns,"
Uiaa Hiatt.
Declamation, "On the Raising of
the Old Flag at Fort Sumter," Mr.
Soott.
Down near New Riahmond, Wis,, a
farmer 80 yeirs old jumped into the
loy waters of a lake and resoued his
two gr«nduh'ldren from drowiug. Oa
lerlam is not reoeiving any special at
tention in that neighborhood.
WHERE CHRYSAN
THEMUMS CROW
It may not be generally known that
the fluent, the best equipped and moßt
extensive green houses in this seotion
of the conntry are to be found at Cas
tle Urove. Foity thonsaud square feet
are nnder glas». Iron is ÜBed exclu
sively along with glass in the con
struction of the bnildinge. It is worthy
of note that in keeping with the mod
ern and finely appointed green houses
Oastlu Grove has in the person of Law
rence Cotter, the lessee, one of the
most experienced,the most skillful and
most widely known floriculturists in
the Uniied States.
In the world of flowers at present
the chrysanthemum is the reigning
queen. The seasou is now at its height.
The chrysanthemum show closed at
Philadelphia Saturday night. During
the present week chows will be on
in many of the great cities of the
laud. The chrysanthemum is seeu in
all its glory at Castle Grove. Variety
and perfection both are there. Two
large green houses are filled, each oue
of the stately majestic blooms seem
ing to surpass the other in exuber
ance and loveliness. As the long vista
of variegated, though chaste and mod
est tints, opens up before the visitor
his eye is chained to the spot as it
were with a sort of fasoinatiou. Many
of tue big ohrysauthemums,measuring '
from tip to tip, are twelve inches in
diameter. All colors and shades of
colors are lepresented and it would
puzzle any one to tell which are the
most to be desired. The pure white
ones are beautiful but so are the Eoft
creamy white; so are the large golden
ones, those of the many shades of yel
low and of the various shades of pink.
Mr. Ootter cuts oue hundred of these
maguiflceut blooms every day and
along with carnations,roses,&c., ships
them to Philadelphia and New York.
In the big oities the chrysanthemums
produced at Castle Grove are retailed
by the dealers at all sorts of extrava
gant prices. Eight to teu dollars per
dozen is not an unusual figure.
After the chrysanthemums come car
nations and roses ;devoted to the form
er there are two aud to the latter
eight houses. Dcring Ootober Mr. !
Cotter shipped 38,000 rotes to Phila
delphia, while at least 2000 more were
disposed of at home. The roses are
very beautiful aud comprise the Am
eriuau Beauty. Bride's and Brides
maid's roses, Liberty, Killarney, Wei
lesby, Richmond and all the leading
marketaLle varieties. The roses are
oulv beginning to brear; by the Holi
days the eight greeu houses will each
be a paradise of blooming beauty.
The are also oomiug ou
very nicely. The two immense build
inns will be a revelatiou later on. Be
sides the faniODS Lawi-on carnation.
Mr. (Jotter cultivates the Roosevelt
carnation, a perfect I loom garnet in
oolor, and he nas both varieties in ab
undance. Among other varieties Mr.
Cotter has the Queen, the Prospect,
and the Ureat variegated carnation.
Nnue but those who have visited
Castle Grove can form an adequate
idea of the extent of the green houses,
of the enormous stock on hand and the
care and pains taken to provide for
following seasons. Of the eight houses
devoted to roses five are propagating
houses, all filled with grafted roses
nicely growing. Providing for a sea
son farther on are houses filled with
Etiter Lilies an I Muuouuettes The
latter, nicely uuder way, occupy cue
whole building. About the Holidays
they will be in bloom and the visitor
to the greenhouse then will be treat
ed to a sight that will be nothing
short of a vision.
hunerai of Lewis Title.
The funeral of Lewis Titel took
plaoe Uonday morning at 10 o'olock
from the family residence on Mill
street, and was very largely attended.
Rev. Charles D. Leroh conducted tlia 1
services.
Two selections—"Jesus Lovor of
My Soul" aud "Gome Unto Me and I
Will Give You Rest"—were rendered
by a quartette composed of Mrs. W.
R. Paules, Miss Elizabeth Russell,
John B. MoGuy aud Sam A. McCoy.
There wore many beautiful floral trib
utes.
The remaius were carried to the
grave by the following pall heirers :
K E. Maus, llairy Eilenbogeu, Johu
Famsworth.Heury Divi 1, James Ryan, 1
Dr. Harry Sober aud Thouias Murray,
luterment was made in the Odd Fel
lows' oemetery, two speoinl trolley
oars being utilized to couvey the fun- i
eral parly.
Those from a distance who atteuded
the foueral were: Mrs. John Giilaspy,
of Sorantou ; Mrs. Johu Reinik, Mrs.
Adam Fraley, Mrs. Mary Feistler,
Miss Miunio Riuiman, of Wilkes-
Harie; Miss Minnie Villiuger, of SVil
liamspnrt; Miohael Everett, of Col
burn; Mr. nud Mrs. Fred Hottman.
Mrs. Henry Rowe and sou, Arthur
Adams, of Sliauiokin ; Mr. and Mrs.
tivan Bevan, (if Buruham; Mr and
Mrs. Hiram Palmer, Mr. and Mrs.
Charles Titel, Mr. aud Mrs. Wesley
Gross, Mr. and Mrs. James McEwen,
Mrs. Charlns Whit< neck, Mr. and Mrs.
Ivy, Mrs. Elijah Oromley, Lewis Titel,
of Bloouisburg; Mrs. John Benfield
and sou, Hiram Handel,of Valley town
ship; John Stoat, nf Reading.
Basket Ball Friday Night.
The Sterling Five (deaf mutes) bas
ket ball team, of Plymouth, will play
the Danville Five at the Armory, Fri
day evening. Dance after game. These
men are all graduates of Mt. Airy In
stitute at Philadelphia.
"TLKDOKB BUT TO TRUTH, TO LEOTTT AH9 LAW—NO FAVOR SWAYS US AHI !• VUB WHATJ. AW*"
DANVILLE. MONTOUR COUNTY. PA.. Fill DAY, NOVEMBER 17, 190").
Tfld BIDS WERE
NOT ORENED
Friday was the date set for
awarding the contraot for the build
ing of the Heat, Light ana Power
plant at the Hospital for the Insaue.
The trastees of the institution held
their meeting hat the contract was not
awarded ; neither woie the bids open
ed.
The meeting was the regular month
ly one asnally held on Thursday, bat
which in the present instance was
postponed oue day later in order to
consider the matter of bids, which
were advertised to be opened ou that
date. The following members of the
board were present at the meeting:
W. L. Gouger, H. M. Schoch.of Dan
ville; Hou. Alexander Bl limey or, of
Washingtonville; Dr. Q. H. Detwiler,
of Williarasport; Howard Lyon, of
Hughesville; W. F. Shay, of Watson
town ; Hon. M. H. Kalp.of Shamokin,
and Dr. Shoemaker, of Wilkes-Barre.
There were a largo number of bids
on hand and as the coutract was a
very importaut one, representing an
appropriation of SDI,OCO, the bidders
were all on hand auxious to see what
torn events might take. The group of
bidders were much disappointed when
they found that the contract would
not be awarded.
The trustees explained their coarse
in not opening the bids ou the ground
that they desire to add a few things
omitted iu the specifications and to
rearrange the Incatiou of same of the
appnrtenanoes. Their plan is after
making the changes to re-art vi rtise for
bids, no dates at present being deoid
»<t nnnii, nt .«jsr:c, cCu.uiering the
latenesß of the seasou aud the amonnt
of preliminary work that remaius to
be doue it does not seem likely that
uiuoh will be doue ou the new work
before next spring.
The committee appointed to get rid
of Ihe 1,200 wooden beds displaced by
the more modern iron beds that are
being installed could do little more
than report piogresiS. With the excep
tion of a few beds disposed of to poor
districts, here'and there, the beds are
still at the institution. The conclu
sion was readied yesterday that to
comply with the law the beds will
have to be advertised for sale and sold
for what they will briug. There will
no doubt be birgains for some one, as
the beds are a first class article -made
of walnut wood and equipped with a
speoiai spring, whioh combines dur
ability and the other qualities that go
to make an easy bed.
Fine Piece to Concrete Work.
| The doable box onlvert ou the P. &
K. Railway east of the station will be
completer) in a few days' time. Yes
terday afternoon work was began ou
ooncreting the top of the eastern aod
the last of the two colverts. The
doable box culvert as it approaches
completion begins to show op as the
finest piooe of concrete work ever con
structed in this section.
* Not only are the walls of the double
oolvert of concrete but the roof of
each division is of the same material.
First of all the top was covered with
railroad iron, twenty-eight feet long.
It required just 103 of such rails paral
lel with the direction of the track and
about a foot apart to reach from the
northern to the southern end of the
calvert. A form is constructed under
the tails on which the concrete is
built. The latter attains only a foot
or so of thickness aud as it solidifies
re-enforoed by the railroad iron,which
is entirely conoealed, it becomes cap
able of sustaiuing almost any weight.
The struoture described will have
almost a mountain to support. The
top of the culvert Is only some twelve
feet from the ground. All the rest of
the big washout to the track overhead
will have to be filled up. Some idea
of the gap to be filled can be obtained
by reflecting that the length of the
double culvert, which forms the base
of the embankment, is just 133 feet.
Frum this width at the bottom the
embaukmcut built up will taper to the
width uf a single track on top.
Engineer Yetter of Gatawisaa who
planned the culvert estimates that it
will require five hundred oar loads of
slate and coal dirt to complete the
job, all of whioh will be shipped here
from the coal regions.
Smith & Campion of Mahanoy City
yesterday stated that they expect to
be off the grouud by this time next
week.
Fixing Track for Winter.
The Dauville aud Snnhury Street
Railway Gompauy is fixing up its
line Yesterday men were
employed in filling up the track on
the approaoh to the iver bridge on
the South Side. The ground had be
come washed out from the temporary
crib work of ties used to support the
track on the unfinished approaoh. As
repaired the track is not only in bet
-1 ter condition for the trolley but it
forms a sinoth and easy walk for pe
destrians, who are wholly iudoated to
the trolley company for a safe aud
convenient means of getting up and
down over the treacherous approaoh.
As winter approaches the warm aud
easy riding trolley oar iB much in do
maud amoug persons who have oc
casion to cross the bridge. The car
does good business, not only amoug
persons who meet trains on the South
Side but also amoug those who visit
. the Hospital for the Insane.
' There will soon be a lannchin
Gubernatorial boomlets. Alieady a
i number of "dark* horses" are being
groomed.
SCHOOL BOARD
_IN_SESSION
The use of the High Sohool room
was granted the County Snperinleud
out Tuesday for the anunal County
Institute,whioh will begin on Decem
ber 4th.
seems to be the sense of the Sohool
Board that the Connty Institute as
coudnoted is of rather donbtful utility
to the town sohools. the program be
ing shaped too mnoh to benefit the
country schools without any special
provision for the town sohools. Ac
cording to their idea the Borough
Superintendent should assist in ar
ranging the program,a privilege which
at present is not accorded him. The
matter was discnssed with a good deal
of warmth, several directors advocat
ing that the Borongh disoontiuue hold
ing institute with the oonnty. It was
put to a vote, however, and lost,after
whiuh on motion of Mr. Pursel the
tfae of the High Sohool room was
granted to Oonnty Superintendent
Derr for the holding of the Institute
as above stated.
The Truant Offloer presented his re
port (or the seoond month of Bohool,
which showed that 110 pupils were oot
of sciiool owing to sickness; there were
12 trnauts: 4 were detained at home
for want of suitable clothing. Twelve
notices were sent out.
On motion of Ur. Orth the Supply
Committee was instraoted to procure
five haudred sponges for nse in the
school.
On motion of Mr. Parsel the Print
ing Oommittee was instraoted to ge
ne re the printing of 300 agreement
blanks to be used when teachers are
employed.
On motion of Ur. Barns it was de
oided that 25 copies of Pollard's Prim
ers be ordered.
On motion of Mr. Barns it was or
dered that Professor Shaw be request
ed to resume his position Principal
of the Third Ward school on Monday,
November 20th.
Treasurer Sohram presented a state
ment of finances to date, which show
ed a oash balance on hand of 111,847.-
05.
The following members were pres
ent: Adams, Orth, Heiss, Pursel,
Harpel. Grone,Fischer, Barns, Tram
bower and Werklieiser.
The following bills were approved
for payment:
Miles Walsh $ 2.00
A. J. Nystron 11.25
Remington Type Writer Oo 7.20
O. M. Leniger 7.50
U. S. Express Oo 1.60
Water Rent 56.00
Standard Gas Oo 1-60
John Bruder 2.85
Isaac Pitman 56
U. L. Gordy 1.69
Death of Richard rietherell.
After enduring a painful illness of
eight weeks, Riohard B. Metherell
died Tuesday morning at 10 o'clook
from^abcess.
Notwithstanding the faot that Mr.
Metherell has been very ill for some
time his death oame as a severe shock
to the community. The deceased was
well known all over this section of
the State, as his musical career had
taken him into nearly every city aud
town in ceutral Pennsylvania. He was
a mnsiciau of exceptional ability and
his services were alwayß in great de
mand.
Mr. Metherell was born in Devon
shire, ttugland, forty-two years ago,
and came to this country at the age of
seven, settling with his parents, at
Bloomsbnrg, where he lived until about
seventeeu years ago, when he came to
Danville.
In addition to his many other music
al engagements, Mr. Methorell was
nntil he became ill, the leader of the
Hospital orchestra ; also last winter he
was professor of string instruments at
Susquehanna University, Solinsgrove.
The deoeased is Barvived bv a wid
ow and one son, Qomer E. Metherell;
also by his father, Thomas Metherell,
of Bloomsbnrg ; two sisters, Miss Laura,
of Bloomsburg; Mrs. James K t'sey, of
Jameson City ; four brothers, William,
of Willtamsport; A. W. Metherell, of
Blossbarg; Albert and Thomas, of
Philadelphia.
The faneral services will take plaoe
Friday morning at 9:80 o'olock from
the family residenoe on Lower Mul
berry street. The remains will be in
terred at Berwiok.
New 400 H. P. Engine Installed.
The new four hundred horse power
Corliss engine iu the Berwiok silk
mills was Btarted np yesterday. F. Q.
Hartmau was at Berwiok to witness
the starting ap of the new engine.
This big power generator makes it
possible to doable the oapaoity of the
Berwiok mills. It has a fly wheel fif
een feet in diameter. Machinery has
recently been installed at the Berwick
plant that increases its capacity 20
per oeut.
Aastin C. Uartman, who has until
reoently been oonneoted with the Ber
wick plant, has gono to Shioksliinny.
Secretary of the Colonial Spinning
Mill«, T. W. Cotter, of this oity, is |
int. charge of the Berwiok
mill ontil the arrival of the new man
ager next Monday.
Winter Weather.
Conditions yestPrday seemed posi
tively wiutry. The autumnal atmos
phere passed a limit when it could not
be appropriately termed "bracing it
was positively chilly aud dii-agreeable
and no one tarried oat of doors longer
than neoeßsary. At the same time peo
ple will be surprised to learn that at
no time daring the daylight hours (lid
merenry fall mach below iUTdegreea.
THE UNION
VETERAN LEGION
Encampment No. 3i, Uuion Vetorau
Legion, held its banquet at the City
Hotel, Danville, la-t night. I'l.e 00-
oasiou as is usual with these annual
affairs proved a happy rouniou, in
whioh tiiose who fought side by side
met together to make merry aronud
the banquet board,to recount the deeds
of oamp and field and relate the ex
periences of subsequent years in the
less tragio, though hard fought bat
tles of daily life.
No one is eligible to membership in
the Union Veteran Legion but snldn rs
of the Union Army, Navy aud Marine
Corps duriug the War of the Rebel
lion, who volunteered for a term of
three years and were honorably dis
charged for any cause after a service
of at least two continuous years or
were at, auy time discharged by reason
of wonnds.received in the line of uuty
—provided said enlistment was pre
vious to July 1, 1863. No diarted per
son, no snbßtitnte.uor auy peison who
at any time bore arms against the
United States is eligible to member
ship in the Union Veterau Legion. '
The membership of Encampment Nr.
32, U. V. L., whioh takes in Bloora"-
burg and Danville.is therefore, neces
sarily not large. The headquarters are
at Bloomsbnrg. Charles S. Foruwaln,
of that place is Colonel Commander
and Dr. Jno. Sweisfort, of this city,
Lieutenant Colonel. About a dozen
members of the encampment came
down from Bloomsburg on the trolley
and were joined by about th« ssrss
number of Danviiie members.
The banquet was served at 8 o'clock,
covers being laid for thirty. The meal
was a very sumptuous affair, served
in Landlord Moyer's usual tasteful
and elegant styli. The menn:
Panned Maurice River Cove Oysters,
Roast Turkey and Cranberry Sauce.
Sweet Potatoes, Cold Slaw, Cream
Corn aud .VI ashed Potatoes.
Salads.
Fruit, loe Cream and Cake.
Tea, Coffee and Milk.
The following members of the en
campment were seated around the
tai.la: Charles S. Fornwald, B. F.
Sharpless, Albert Herbiue, Jao. Kel
ler, G. W. Mears, F. M. Gilmore,
Lewis Oonen, R. O. Buckalew, O. S.
Kurman, Kliai Utt.Theo. Mendenhall,
of Blonmaburg; Joseph H. Johnson,
P. G. Baylor, M. Breokbill, Michael
Shires, William Minier, John Mo
dure, Dr. Jno. Sweisfort, G. W.
Mowrer, Dr. P. O. Newbaker, D. R.
Eokmau, Charles Woods, J. P. Bare,
of Danville.
N. E. Mears, a member of the Sons
of Veterans, aud John O. Rotter, Jr.,
proprietor and editor of the "Demo
oratio Sentinel" and "Bloomsbnrg
Daily" as guests,were also at the ban
quet.
Lewis Cohen was toast master.
Nearly two hours were whlled away
around the table. None of the mem
bers had been oalled by death during
the past year nor was there anything
to sadden the occasion. [Story telling
as usual was a taking feature and fun
and merriment ran high. On parting
the members agreed that the bauquet
was by no means the least enjoyable
of the eight or ten that have been held
in the encampment's history.
Gorgas Taken to Columbia.
Constable A. V. Rogers, of Colum
bia, Lancaster county, was in this oity
yesterday to take oharge of Olaade
Gorges, the fugitive from justice.who
was apprehended near the Reading
Iron Works, early Tuesday morning.
Gorgas, it is alleged, made quite an
unsavory record for himself at Colom
bia, where lie is wanted for a series
of bold robberies. Constable Rogers
had in his possession three warrants
for Gorgas, one charging him with
felonious entry into a store and the
laraeuy of five overooats. This crime
was committed early in the morning
of Ootober 20th., the burglar succeed
ing in getting away with the ooats
whioh were valued at |BO. Another
warrant was for obtaining goods from
Askin as Ream's installment store at
Columbia under false pretense". In
this instance, it iB charged, he gave a
fiotitious name and had the goods
charged. The third warrant was for
highway toabery, committed nt Col
ombia, in which Gorgas is charged
with relieving his victim of a watch
aud about two dollnrs in money.
Gorgas has proved to be a very
slippery oustomer. Constable Rogers
was close on his track at Reading some
time ago,but «a< enable to apprehend
the fugitive.
Constable Roger* leturned to Col
umbia at 4:81 yesterday afternoon,
taking Gorgas with him.
The Improvements on A Street.
The improvements oil A street, con
templated by the Trolley Company,
whioh have been looked forward to
with interest by the property owners
there,will be nuder way in a few days
time and there seems to be no doaht
bat that the work will be completed
before winter sets in.
Preparatory to beginuing the im
provements proper, the contraot for
which will be awarded in a day or so.
tlie Trolley Uompanv is sinking a ter
ra ootta drain at the lowest point,
whioh is in itself a work of consider
able magnitude. The drain, which is
designed to oarry off the nurface wat
er whioh comes down Nioholas Ave
nue, will be souk under A street and
the trolley track and thenoe skirting
the railrnul eiuhhukment will empty
inu the Hiewery ran at the big cul
vert. The drain, which in length will
lm snme two hundred feet, is already
finiiliud fur a (iiatanoe of nearly fifty
feet from the ore>k The pipe is be
ing sunk at the depth of six feet.
The fact that soientiflo methods of
fighting the dan .lose soale are to be
taught iu this couuty at the expense
ot the Btate is good newt.
COURT
PROCEEDINGS
The Coort Hoove bell rang at 9
o'clock Monday morning. The trav
erse jurors were ou hand and the trial
of cases was immediately taken op.
Judge Staples keeps things moving
and Monday's session was probably
an object lesson to some revealiug how
time can bo saved and business facil
itated. In begiuuing tne coort an
noonced that every joror aud every
witness who is not present when call
fd will be fined his or her day's pay.
The attorneys were also notified that
they are expected to be on hand when
needed aud not to keep the court wait
ing while I hey attend to other busi
ness. As a result of all this by noon
the second case wax on, the sentence
following conviction in the first case
was imposed and other business was
disposed of.
The first case attached was that of
Commonwealth vs. William Myers.Sr.,
I William Myers, Jr., Anna Myers aod
j Thomas Jarai s. This was a cross ac
tiou iuvolviit K the charge of assaolt
an 1 battery the other party to the
contention being Edward Bark, sou of
Patrick Burk. By agreement of coun
sel tho above cases were sobmitted to
one jary, the verdict to be the same
a« it each case was tried separately.
H. M. Hinckley and Thomas O. Welsh
appeared for Bark and E. S. Gearhart
as private counsel was associated with
the district attorney.
The affair oat of which fclm
grew took place on last New Year's
eve. Mrs. William Myers, her son
William aud her father, Thomas James
were walking up Bloom street. When
opposite the Grove Ohorch William
Myeru, Jr., in celebration of New
Year discharged his pistol loaded with
a blank cartridge. Myers and his
mother allege that the pistol was dis
charged iuto the gotter bot Edward
Bark, who was passing, swore that it
was fired at his feet and that at the
same time the remark was made:
"Shoot at that thing." Passing on
for some distance he returned and ask
ed young Myers what lie had said. It
was here the troable began. Mrs.
Myers corroborated by her son aud her
father, testified that Bark choked her
and her father. Burk declared that
the revolver was held in front of his
face, aud denied the choking. Later
Mrs. Myers, her son aud her father
wera joiued by William Myers, Sr.,
aud proceeding to their home ou Bail
road street east of the Borongh accord
ing to their testimony they were met
by Bark,who renewed the alteroation,
striking Thomas James over the head
with a pale or picket, which he tore
from the fence kuocking James down;
Bark also, it was alleged, struck Wil
liam Myers over the head twice.where
upon the two men cliuohed and fell to
the ground, where they were parted by
Patrick Burk. who emerged from his
hoase, which is adjoiuing or near the
Myers home. The pale broken in two
by the force of the blow was produced
in Oourt as evidence.
Bark in defense declared that it was
only by a coincidence that he reached
home just as William Myers aud wife,
sou aud father-iu-law arrived.; that
he found them standing there waiting
for him, the men with their coats off,
whioh Mrs. Myers was holding. Burk
swore that the Myers coutingeut them
selves opened the quarrel, striking
him over the head with the pile,after
whioh they "jumped him."
The witnesses were Aunie Myers,
Thomas James, William Myers, Sr.,
and William Myers, Ji.
Edward Burk himself was placed on
the staud. Other witnesses who testifi
ed in his behalf were: Catherine
Burk, Catherine McDonald, aud Pat*
rick Burk.
The case occupied hot little over an
hour ami a half. Hon. H. M. Hinck
ley ami E. S. Gearhart, who weut to
the jury for their respective sides,
were restricted to IS niiuute°. The
whole case largely resolved itself into
a question of veracity among tho wit
nesses and the charge of the Ooart was
brief and to tho point. The jury re
tired about 11 o'clock.
The twelve rnon returned at 11.45
o'clock. Ewdard Rurk was found
guilty ot assault and battery on Thom
as James and Annie Myers. In the
case of the Commonwealth vs. Wil
liam Myers, Sr., William Myers, Jr.,
Annie Myers and Thomas James the
jury found in each CHSO the defendants
uot guilty, plaoing the oosts upon the
proseoutor, Patriok Burk.
Edward Burk was called before the
bar and apprised of the jury's verdict.
Tho sent nee of the Court wai that
Bark for each case in which he was
fonnd guilty pay the oosts of prosecu
tion, a fine of ten dollars or to give
seoarity for tiie payment of the same
within ten days and to stand commit
ted ontil the sentenoe is complied
with.
Wlllittm Bingham, who pleaded
guilty to a charge of laioeny,was call
ed before the Court. Iu reply to a
question from Judge Staples hn said
fie was 6W years of age. Sentence was
suspended nutil farther order of Court,
Biugham being givou until next term
to pay costs.
The oase of John Seitz and Italph
Hahu Wis taken np shortly after 11
o'olock. The oliarge was one of as
sisting prisoners to break jail. Oar
readers are geueially pretty familiar
with the olrcu instances of the case.
John Sees,fellow prisoner, was plac
ed opon the stand. His testimony was
substantially a reproduction of what
he said at the hearing before Justice
Oglesby. He related the circumstance
of parties outside the jail visiting the
prisoners and of overhearing the con
versation at the back window. He was
sure that one of the parties was kuown
as Seitz and the other as "Toughy."
George Urossley was the next wit
ness. He was in jail at the time the
attempt to escape was made. He
identified the saws and frame used in
sawing the bars. They were handed
in the rear window ; he said, by John
Seitz, whom he identified as oue of
the defendants. The saws were receiv
ed, he said, by Elmer Halderman,who
stood iu the extended a broom
across the corridor to the
ow, outside of was stand
ing. Seitz reaching in between the
bars placed the saws upon the broom,
after which they were noiselessly ,
drawn into the cell by Halderman. It j
was not yet quitejdark, and he easily ,
recognized Seitz. I
Offioer John Grier Voris was called
to the stand. He has known both de
fendants since their infancy. After
the arrest he Hahn how
long he had beeu known as "Toughy"
and he replied: "Oh ten years or
more."
Sheriff Maiers described the attempt
to break jail and identified the saws
and frame
Evan K. Evans, a th employ
ed at James Lake's repair shop, iden
tified the saw frame as one whioh he
made during July or August.
James Lake, proprietor of the shop,
also Identified tlie saw frame, which,
lie said, had bten ordered by John
Seitz who was accompanied to the
shop bv Ralph Halm—thst the saw
was paid for by Saitz and was deliver
ed to him. This was some two or three
weeks before the attempt was made to
break iail
Ralph Halm was called to the stand.
He denied that he had ordered the saw
or that he ever knew that one was
ordered. He denied that he was near
the jail on the night of September 16,
1905, when the saws weie passed in
through the window, bat endeavored
to establish the faot that he was in
Hloomsburg and Espy at the time.
John Seitz was the next witness.
He did not deny that he had ordered
the saw of Lake, received the same
and paid foi it. Halm, however, he
declared, had nothing to do with the
transaatiou, although he accompanied
Seitz both when the saw was ordered
and when it was delivered. To con
ceal the transaction from Haun, Seitz
alleged that on leaving the repair shop
he adroitly hid the saw frame onder
his coat. S9itz also declared that he
himself was innoueut of assisting the
prisoners to escape, hot. that he had
caused the saw frame to be manufact
ured at the instance of another, a
stranger whom he met at the Nail
Worss spring and who paid him two
dollais for the part he played. He did
not know for what purpose the saw
frame was ueeded. Neither oonld he
describe the strauger at whose m
staune he had the saw frame made.
Edward S. Gearliait represeuted
Halm. Seitz heing without au attor
ney the Court appointed Major U. P.
Gearhart to defend him.
The (Juari'H charge covered the
gronnd very fulls and was olear and
impartial. According to the evidenoe.
Judge Staples said lie did not think
the defendants could he brought in
guilty under the first aud second
cunts,but only under the third, whioh
charged them with "furnishing instru
ments to prisoners for the purpose of
aiding them to escape." The jury re
tired at 8:30 o'olook aud at the ad
journment of oourt was still out.
The next oase attached was that of
Commonwealth vs. Francis Woli, the
oharge being "Reoeiving stolen
goods." The prosecutor is the Read
ing Iron Company, whioh was repre
sented by James Saarlct. HOD. Fred
Ikfler appeared for the defendant.
Superintendent Hecht of the Mon
tonr Department of the Reading Iron
Works, was the first witness. He iden
tified fish plale offered in evidenoe BK
those belonging ton switoh or sectiou
of track torn up at the Danville Roll
ing Mill and belonging to the Read
ing Iron Company.
Henry Miutzer, track foreman, was
the next witness. He assisted iu tear
ing up the track at the Danville Roll
ing Mill and sal J the fish plite miss
ing were placed on a pile. He identifi
ed those in court as the ones used in
the track that had been removed.
Emery Heimbaoh, a repairsman on
the P. & H. track, also identified the
fish plate.
E. L. Simmers, P. & R. Policeman,
testified as to flodiug the Sell plato on
Mm. Woli's premises, hidden nuder a
pile of other iron inan old barn.whioh
was kept looked. W. A. Persley, an
other P. & R. Officer, testified to the
same effect,as did also Oliief-of-Police
Minoemoyer, who aconmpanied the P.
& R. Officers on the searoh.
Elizabeth Woll, mother of the de
fendant, npon whose premises the fish
plate were foaud, was oalled to the
stand. She herself did not nse the
stable. She oonld not say who owned
the jonk, fonnd in the shop. The wag
on kept inside belonged to her son.
Fred Woll,brother of the defendaut,
who boarded with hia mother, did not
know to whom the jonk belonged.
Benjamin Miller, jaut dealer,testifi
ed that prior to a year ago he pnrohas
ed a stock of jnnk from Franois Woll,
whioh was kept in the old barn. This,
however, he carted away. Mr. Ikeler's
contention was that the defendant was
not the owner of the jauk.
The defense offered no testimony.
Mr. Soarlet went to the jnry first and
; was followed by Mr. Ikeler. Eaoh oo
oopied some twenty minutes and on
NO 52
the homely nod nnpoetio subjeot of
"fishplates" two of the most eloquent
addresses were made that have been
heard in the Court House for many
day*.
The Oourt charged the jar; and the
latter retired shortly after fi o'olook.
Joseph Gnsack, a boy nineteen yeara
of age, accused of stealing coke from
the Readiuglron Works,pleaded guilty
to the oharge. Sentence watt suspend
ed, the boy, who can neither read nor
write,being plainly an objeot of maoh
sympathy. Before discharging tha
boy Judge Staples gave him some very
good advice,urging him to try to learn
to read and write to the end that ha
may become a useful member of ao
oiety.
TUESDAY'S PROCEEDINGS.
I The term of Court,which all thooght
I would oocupy the entire week,is praoj
| tically over. When Conrt oonvenea
at 9 o'clock this morning, It will be
| merely to receive the verdict of tha
jury in the case of Commonwealth Tf.
Elmer Halderman.which was still oot
on adjournment last evening and to
transact some other business carried
over from yesterday. At half past 8
o'clook yesterday when the last caaa
went on trial the Conrt disoharged all
the jurors except those engaged. Tha
oivil cases have all hoen continued.
This has been rendered necessary.
Judge Staples explaining,by reason of
the fact that William Kase West, Esq.,
who is interested in all the civil cases
exoept one, is confined to his home by
illness with no prospect of being able
to attend Court dnring the present
week.
Oourt convened Tuesday morning
at 9 o'olock and business moved on at
the same rapid puce that oharaoterized
Monday's proceedings. The two jurist
which retired on Monday were eaob
ready with a verdict.
In the case of Commonwealth vi.
Francis Woll a verdiot of guilty on
the second count was returned, bnt
the defendant was recommended to tha
meroy of tho court. Iu the above oase
a motion for arrest in judgment and a
new trial was granted returnable at
the next term of Court.
In the case of the Commonwealth
vs. Johu Seitz and Ralph Halin, the
jury fonnd Johu Seitz gnilty on the
third count of the indictment, whioh
related to furnishing instruments to
prisoners for the purpose of aiding
them to escape. JVilph Hahu was ao
quitted.
In the case of Seitz the Court pro
nounced the following sentence: That
John Seirz pay the costs of proseon
tiou in the rase, a Hue of t..n dollars
to the Commonwealth of Pennsyl
vania, for the use of the county of
Montour aud that he undergo imprison
ment in the Eastern Peniteutiary in
the City of Philadelphia at separate
aud solitary confinement at labor for
a period of two years to be computed
from yesterday and to stand commit*
ted until the sentence is complied
with.
The iudictment agaiust John 9eea,
iu which the charge was murder, was
quashed on motion of Edward V. Am
eimau, attorney for Sees. Mr. Am
ernian contended that the indiotmeut
was illegal in that Mrs. Sees, wife of
the defendant, had been permitted to
testify before the graud jury and that
in the eyes of the law the wife in suoh
oases proves au incompetent wituesa.
The District Attorney resisted the
motion, explaining that the wife had
been called to testify before the Orand
Jui.v contrary to his counsel and thai
he had prepared a second bill In whioh
the wife's testimony WAS eliminated
and which the grand jury the same
week returned as a true bill. The first
indictment the District Attorney aik
ed the Court to quash.
The Court took the view that inas
much as the seoond indictment was re
turned by the same grand jury as the
first, that if oue was irregularly ob
tained (whioh seemed to be admitted)
the other also was, as the impression
made upon the minds of the Orand
Jurors by the wife's testimony when
the first bill was presented necessarily
lingered aud had its effect when the
seaond bill was acted upon. The Court
therefore, granted Mr. Amerman'*
motion and declared the indiotmenl
quashed. Au order, however, was made
by the Oourt holding John Sees in
onstody nntil the Distriot Attorney
has an opportunity to present another
iudictment.
David Barrett, who with Blmer
Halderman was indicted for assault
aud battery with intent to rob aud as
sault and battery with intent to kill,
committed at W. H. N. Walker's ho
tel on the 3rd of July last, pleaded
guilty. The case therefore went
on trial with Halderman alone as de
fendant. He was represented by Thom
as O. Welsh, Esq.
All the circumstauces attending this
case have been fully aired la these
columns. The task that devolved up
on the Commonwealth was to establish
the identify of Barrett's acoomplioe
on the night of the attack as Elmer
Halderman, the defendant. The fol
lowing witnesses were called by the
Commonwealth: W. H. N. Walker,
Richard McCormiok.Clarenoe Ephlin,
Arthur Walker, Samuel Haas, George
Crossloy and Officer .Tilin Grier Voris.
The most of the witneses thought they
saw a resemblance between the man
who accompanied Barrett and Elmer
Halderman,the defendant. There was.
however, an absence of direot testi
mony.
The defendant relied upon an alibi
to establish his innocence. Being oall
ed upon the stand he described in de
tail his movements on the night of
July 3rd. He spent the time he said.
(Continued on 4th page.)